Criminal Procedure Code, 1973, Section 239 -- Discharge - Offence u/ss 420, 477-A, 120-B IPC and 13(2), 13(1)(d) PC Act - Merely because cements were not lifted from IDCOL godown or were not purchased from some of dealers of IDCOL cement, assumption drawn by informant and by I.O. that two suppliers supplied slag cements cannot be accepted particularly in absence of any..........
Indian Penal Code, 1860, Section 302, 394 -- Murder and robbery - Investigation by CBI not conducted fairly - Real culprits responsible of murder of petitioner's family not subjected to trial - Investigating agency showed lackadaisical approach in carrying/proceeding investigation - It is necessary to have a fair, honest and complete investigation - It is proper to..........
Criminal Procedure Code, 1973, Section 156(3) -- Proceedings u/s 156(3) Cr.P.C. - FIR was lodged and on completion of investigation charge sheet was filed - With unsatisfied with investigation proceedings initiated u/s 156(3) Cr.P.C. - To pursue said proceedings charge sheet submitted by investigating agency before JJ Board is quite relevant - Photocopies of testimonies of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354D, Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - FIR was registered u/ss 354-A, 34 of IPC in which petitioners were granted bail - Later S.354-D of IPC and S.12 of POSCO were added - Petitioners whether falsely implicated, is a fact which would be..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 468, 482 -- Offence u/ss 498-A, 406 IPC - Wife turned out of matrimonial home in 2006 and complaint lodged in 2012 - As per S.468 Cr.P.C., complaint was barred by limitation - More so, Investigating Officer gave a negative final report detailing strong and cogent reasons for discarding the..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Prima facie cognizable offence - To be examined keeping in view contents of FIR and prima facie material, if any, requiring no proof - At this stage High Court cannot appreciate evidence nor can draw its own inferences from the contents of FIR and material relied on - It is more so when material relied on is..........
Criminal trial -- Identification of accused - Witnesses stated that they saw accused inflicting gun injury to deceased in the light of torch - But no such torch has either been recovered by investigating agency nor produced in Court - Plea of identification of accused in light of torch cannot be accepted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 630 gms Charas - Plea of false implication - Accused failed to give any plausible explanation as to why he would be falsely implicated as records even do not suggest accused was earlier known to investigating agency - Therefore, there is no question of these witnesses or persons having any..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 506(i) -- Discharge - Offence u/s 506(i) IPC - Merely on ground of discrepancy in timing of incident, accused cannot be discharge, particularly, when there is sufficient material on record to frame charge for offence u/s 506(i) IPC and investigating report prima facie disclose complainant was..........
